HB0801ham001 95TH GENERAL ASSEMBLY

Rep. David E. Miller

Filed: 3/26/2007

09500HB0801ham001 LRB095 09563 BDD 34263 a

AMENDMENT TO HOUSE BILL 801

AMENDMENT NO. ______. Amend House Bill 801 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Capital Investment Accountability Act.

Section 5. Purpose and application. The purpose of this Act is to maximize the value of transportation investments in the State of Illinois in order to optimize State and local economic development and the quality of public life for Illinois residents. This Act articulates the State's surface transportation goals and establishes a standardized process for reviewing, prioritizing, and selecting surface transportation projects that best reflect those goals. Through the process established by this Act, the State seeks to develop a sustainable, integrated, multi-modal transportation system that provides efficient and safe access to goods, services, activities, and destinations to residents, visitors, and businesses. Beginning with the 2010 State fiscal year, all State-funded surface transportation capital projects are subject to the review and prioritization process set forth in this Act.

Section 10. Definitions. In this Act:

"Benefit/per-capita cost" means a determination of the benefit of a project divided by the per-capita cost of the project.

"Committee" means either a District Prioritization Committee or the Statewide Prioritization Committee.

"Criteria" means measurable indicators of compliance with the State transportation goals.

"Department" means the Department of Transportation.

"District" means the a district of the State established by the Department for its administrative purposes and statutorily authorized activities.

"Long-range transportation plan" means the long-range transportation plan required to be developed by each MPO in accordance with 23 U.S.C. 134, the long-range transportation plan required to be developed by each MPO in accordance with 23 U.S.C. 135, and the long-range transportation plan required to be developed in accordance with Section 5-301 of the Illinois Highway Code.

"MPO jurisdiction" means the metropolitan planning area boundaries of a MPO within the State, which are designated in accordance with 23 U.S.C. 134.

"MPO" means a Metropolitan Planning Organization designated under 23 U.S.C. 134 whose MPO jurisdiction is partially or completely within the State.

"Per-capita cost" means a determination of the estimated cost of the project divided by the population affected by the project.

"Project" means any new or continuing surface transportation capital project (including but not limited to roadways, transit, rail, trails, walkways, bicycle, and intermodal facilities) financed in whole or in part by State funds.

"RPC" means a regional planning commission or joint regional planning commission established in accordance with Section 5-14001 or 5-14003 of the Counties Code.

"Secretary" means the Secretary of Transportation.

"State transportation goals" means the following goals and objectives:

(1) Ensure efficient use of transportation resources through mode shifts and demand management, and reduce per-capita congestion delays and unreliability;

(2) Generate both local and statewide economic development through investment in a transportation system that recycles a majority of public and user investments back into the local and state economies;

(3) Optimize accessibility by integrating land use and transportation planning and investments; and

(4) Increase public safety, security, and health by reducing per-capita crash rates and risk of assault, particularly for the most vulnerable transportation users, and by increasing use of physically active modes.

"Statewide projects" means traffic control improvements procured by the Department on a statewide basis, weigh stations, state park projects, contract maintenance performed by non-state forces, emergency road and bridge repairs, and federally authorized Equal Employment Opportunity training programs and support services.

"STIP" means the transportation improvement program that each state must develop pursuant to 23 U.S.C. 135.

"TIP" means the transportation improvement program that each MPO must develop pursuant to 23 U.S.C. 134.

Section 15. Establishment of Statewide and District Prioritization Committees.

(a) Within 30 days after the effective date of this Act, the following committees must be established under the direction of the Department:

(1) A Statewide Prioritization Committee, whose membership consists of voting and non-voting members.

(A) The voting members are:

(i) The Secretary;

(ii) The chairperson of each MPO;

(iii) One representative of municipalities, appointed by the municipalities on the District Prioritization Committees and MPOs;

(iv) One representative of counties, appointed by the counties on the District Prioritization Committees and the MPOs; and

(v) One representative of townships, appointed by the townships on the District Prioritization Committees and the MPOs.

(B) The non-voting members are:

(i) The Director of Commerce and Economic Opportunity, or his or her designee;

(ii) The Director of Natural Resources, or his or her designee;

(iii) The Chief of the Illinois Environmental Protection Agency Bureau of Air;

(iv) One representative of statewide business interests, appointed by the Secretary; and

(v) One representative of metropolitan civic interests, appointed by the Secretary.

(2) A District Prioritization Committee for each District, but no District Prioritization Committee may be established for a District included entirely within an MPO jurisdiction. The membership of each District Prioritization Committee is:

(A) One member appointed by the Secretary;

(B) One member appointed by each MPO whose MPO jurisdiction includes territory partially or completely within the District. Each MPO member shall coordinate with municipal, county and township officials within and adjacent to the MPO jurisdiction in carrying out his or her duties in accordance with this Act;

(C) One member appointed by each RPC whose territory is within the District but not within an MPO jurisdiction. Each RPC member shall coordinate with municipal, county and township officials within and adjacent to the jurisdiction of the RPC in carrying out his or her duties in accordance with this Act; and

(D) One member appointed by the county board president of each county within the District but not within an MPO jurisdiction or the jurisdiction of an RPC. Each county member shall coordinate with municipal and township officials within and adjacent to the county in carrying out his or her duties in accordance with this Act.

(b) Each appointed Committee member shall serve for a term of 2 years from the date of appointment and until the earlier of the member's removal by the appointing authority, the member's resignation, or the member's successor is appointed. A vacancy in a Committee member position must be filled by the appointing authority for that member, and a member appointed to fill a vacancy shall serve the remainder of the term of the member whose removal, resignation, or death created the vacancy.

(c) Each Committee may establish rules to govern its own procedures, provided all Committee meetings shall be conducted in accordance with the Open Meetings Act. In addition, at least 7 days' advance written notice of District Prioritization Committee and MPO meetings shall be provided to every State legislator representing territory within the District or MPO jurisdiction. All Committee members are entitled to reimbursement by the Department for ordinary and necessary expenses incurred in performing their duties under this Act.

Section 20. Project submission, review, and prioritization process.

(a) By March 1, 2008, the Statewide Prioritization Committee shall, through a process involving opportunity for public review and comment:

(1) Establish uniform statewide evaluation criteria for project prioritization derived from the State transportation goals. The Statewide Prioritization Committee shall establish no fewer than 5 and no more than 10 criteria;

(2) Establish a uniform statewide process for calculating a project's benefit/per-capita cost; and

(3) Determine the process by which it will evaluate and prioritize Committee and MPO proposed projects in order to develop the comprehensive project prioritization plan described in subsection (f) of this Section.

(b) By May 1, 2008, the MPOs and Committees shall each make the following determinations through a process involving opportunity for public review and comment:

(1) Each MPO shall determine the weight to be given each uniform statewide evaluation criterion for the review of proposed projects within the MPO jurisdiction;

(2) Each District Prioritization Committee shall determine the weight to be given each uniform statewide evaluation criterion for the review of proposed projects within the District but outside of an MPO jurisdiction; and

(3) The Statewide Prioritization Committee shall determine the weight to be given each uniform statewide evaluation criterion for the review of proposed statewide projects.

The weights applied to each criterion may vary by MPO and Committee. No single criterion may account for less than 10% nor more than 50% of the overall weighted allocation, and the weights assigned to all criteria shall equal 100%. Each Committee and MPO shall develop a prioritization scoring system that (i) determines a project's score for each criterion; (ii) multiplies that score by the applicable weight; (iii) aggregates the weighted score for all criteria; and (iv) calculates the project's benefit/per-capita cost in the manner established by the Statewide Prioritization Committee. The Department shall issue guidance and provide technical assistance to the Committees and MPOs to assist with the development and implementation of a prioritization scoring system.

(c) By July 1, 2008 and by July 1 of each year thereafter, each MPO shall hold a public hearing to present to the public and allow public testimony on proposed projects within the MPO jurisdiction All such proposals must be consistent with the MPO's TIP and its long-range plan. By September 1, 2008 and by September 1 of each year thereafter, the MPO shall: (i) adopt a prioritized list of proposed projects based upon the MPO's prioritization scoring system; and (ii) deliver the prioritized list, with a description of each project, to the Statewide Prioritization Committee.

(d) By June 1, 2008 and by June 1 of each year thereafter, each District Prioritization Committee shall accept proposals from all of its non-MPO members for projects within the District but outside of an MPO jurisdiction. All such proposed projects must be consistent with any long-range transportation plans adopted by the submitting member and must be independently scored by the member in accordance with the District Prioritization Committee's prioritization scoring system. By July 1, 2008 and by July 1 of each thereafter, the District Prioritization Committee shall hold a public hearing to present to the public and allow public testimony on the proposed projects. By September 1, 2008 and by September 1 of each year thereafter, the District Prioritization Committee shall (i) make recommendations for enhanced regional coordination and consistency among MPO and non-MPO proposed projects; (ii) adopt a prioritized list of non-MPO proposed projects based upon the Committee's prioritization scoring system; and (iii) deliver a prioritized list of non-MPO proposed projects, with a description of each project, to the Statewide Prioritization Committee.

(e) By June 1, 2008 and by June 1 of each year thereafter, the Statewide Prioritization Committee shall develop a list and independently score proposed statewide projects. All such proposed projects must be consistent with the most recent STIP and the Department's long-range plan. By July 1, 2008 and by July 1 of each thereafter, the Statewide Prioritization Committee shall hold a public hearing to present to the public and allow public testimony on the proposed statewide projects. By September 1, 2008 and by September 1 of each thereafter, the Statewide Prioritization Committee shall adopt a prioritized list of proposed statewide projects based upon the Committee's prioritization scoring system.

(f) By October 15, 2008 and by October 15 of each year thereafter, the Statewide Prioritization Committee shall meet to hear public testimony and consider the prioritized lists developed by each Committee and MPO. By January 15, 2009 and by January 15 of each year thereafter, the Statewide Prioritization Committee shall submit to the Governor and General Assembly a comprehensive project prioritization plan that: (i) describes the uniform state evaluation criteria and the prioritization scoring system used by each MPO and Committee; (ii) includes all of the projects submitted for consideration by each MPO and Committee; and (iii) prioritizes all projects for state and federal funding, noting the likely availability of such funding and any use restrictions applicable to a fund source. The comprehensive project prioritization plan shall serve as the annual project program for the highway, mass transportation, and railroad systems required to be developed by the Department pursuant to Section 2705-200 of the Department of Transportation Law in the Civil Administrative Code of Illinois.

(g) By March 1, 2009 and by March 1 of each year thereafter, the Statewide Prioritization Committee may, through a process involving opportunity for public review and comment, modify any of the following: (i) the uniform statewide evaluation criteria; (ii) the process for calculating the benefit/per-capita cost; and (iii) the process for evaluating and prioritizing projects contained on the MPO and Committee prioritized lists developed in accordance with this Section. By March 1, 2009 and by March 1 of each year thereafter, each District Prioritization Committee and MPO may, through a process involving opportunity for public review and comment, modify its weighting system for the uniform statewide evaluation criteria. Any modification made in accordance with this subsection shall be immediately provided to the Department for posting on the website described in Section 25 of this Act, and the Department shall notify each Committee and MPO of the modification.

Section 25. Establishment of Department website. Upon the effective date of this Act, the Department shall mail a copy of the Act and a description thereof to each MPO, RPC and county board in the State. Within 60 days after the effective date of this Act, the Department shall establish a dedicated section of its website that includes the Act and a description thereof The Department shall maintain and update the website to include:

(1) The membership of all Committees and MPOs;

(2) Meeting notices, agendas, and minutes for all meetings and hearings required pursuant to this Act;

(3) A description of the uniform statewide evaluation criteria;

(4) A description of the prioritization scoring system used by each Committee and MPO;

(5) The prioritized project list adopted by each Committee and MPO, and the comprehensive project prioritization plan adopted by the Statewide Prioritization Committee;

(6) A description of opportunities for public comment and input into the prioritization process; and

(7) An email address for members of the public to submit comments on proposed projects and the comprehensive project prioritization plan.

Section 30. Consideration and implementation of the Comprehensive Project Prioritization Plan.

(a) Commencing in 2010 and in each year thereafter, the Chairpersons of the House and Senate committees having jurisdiction over transportation matters shall, within 14 days after the Governor's submission of the proposed capital budget, convene a joint subject matter hearing to consider the comprehensive project prioritization plan and the impact of the proposed capital budget on the State's implementation of projects contained therein.

(b) Commencing in 2010 and in each year thereafter, the Department shall, within 30 days of the adoption of the state budget, prepare and post on its website a final annual surface transportation program project listing that allocates available state funding in accordance with the funding recommendations and prioritization process set forth in the comprehensive project prioritization plan. The program project listings shall specify all projects included in the comprehensive project prioritization plan but not included in the final project listings due to funding limitations.

(c) The comprehensive project prioritization plan shall serve as the basis for the Department's draft and final STIP. The draft and final STIP may not include any projects that were not included in the most recent comprehensive project prioritization plan.

(d) The Department's master plan and 5-year project programs published and delivered to the Governor and General Assembly in accordance with subsection 2705-200(a) of the Civil Administrative Code shall include an analysis of the three most recent comprehensive project prioritization plans, and shall identify priority transportation subsystems and critical system components based upon the prioritization and funding recommendations contained in the 3 most recent comprehensive project prioritization plans.

Section 35. Rules. The Department may adopt any rules that it deems necessary to administer the terms and provisions of this Act.

Section 90. The Department of Transportation Law of the Civil Administrative Code of Illinois is amended by changing Section 2705-200 as follows:

(20 ILCS 2705/2705-200) (was 20 ILCS 2705/49.16)

Sec. 2705-200. Master plan; reporting requirements.

(a) The Department has the power to develop and maintain a continuing, comprehensive, and integrated planning process that shall develop and periodically revise a statewide master plan for transportation to guide program development and to foster efficient and economical transportation services in ground, air, water, and all other modes of transportation throughout the State. The Department shall coordinate its transportation planning activities with those of other State agencies and authorities and shall supervise and review any transportation planning performed by other Executive agencies under the direction of the Governor. The Department shall cooperate and participate with federal, regional, interstate, State, and local agencies, in accordance with Sections 5-301 and 7-301 of the Illinois Highway Code, and with interested private individuals and organizations in the coordination of plans and policies for development of the state's transportation system.

To meet the provisions of this Section, the Department shall publish and deliver to the Governor and General Assembly by January 1, 1982 and every 2 years thereafter, its master plan for highway, waterway, aeronautic, mass transportation, and railroad systems. The plan shall identify priority subsystems or components of each system that are critical to the economic and general welfare of this State regardless of public jurisdictional responsibility or private ownership.

The master plan shall provide particular emphasis and detail of at least the 5-year period in the immediate future.

Annual and 5-year, or longer, project programs for each State system in this Section shall, through and including 2009, be published and furnished the General Assembly on the first Wednesday in April of each year. Commencing in 2010 and in each year thereafter, the annual and 5-year project programs for each State system must be published and furnished to the General Assembly by January 15.

Identified needs included in the project programs shall be listed and mapped in a distinctive fashion to clearly identify the priority status of the projects: (1) projects to be committed for execution; (2) tentative projects that are dependent upon funding or other constraints; and (3) needed projects that are not programmed due to lack of funding or other constraints.

All projects shall be related to the priority systems of the master plan, and the priority criteria identified. Cost and estimated completion dates shall be included for work required to complete a useable segment or component beyond the period of the program.

(b) Through and including 2009, the The Department shall publish and deliver to the Governor and General Assembly on the first Wednesday in April of each year a 5-year, or longer, Highway Improvement Program reporting the number of fiscal years each project has been on previous plans submitted by the Department. Commencing in 2010 and in each year thereafter, the annual and 5-year project programs for each State system must be published and furnished to the General Assembly by January 15.

(c) The Department shall publish and deliver to the Governor and the General Assembly by November 1 of each year a For the Record report that shall include the following:

(1) All the projects accomplished in the previous fiscal year listed by each Illinois Department of Transportation District.

(2) The award cost and the beginning dates of each listed project.

(Source: P.A. 94-91, eff. 7-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.".